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Title Deed

The title deed is a written and official document given to the person concerned by the Land Registry Office, showing the ownership of a part of the land or the building built on the land, which is considered valid in the legal field until any irregular and unlawful situation is proven. Each real estate has a title deed. 

Within the scope of the new regulation, the color of the title deeds became brown in the new title deeds. The color on the new title deeds for residences with NO “occupancy permit (İSKAN) is turquoise.”

“KAT İRTİFAKI (Floor servitude)” is established on buildings whose construction has not yet started or whose construction phase is still in progress.

The real estate under construction is officially registered by the Land Registry Office. The official title deed document issued to show the share ratios of the right holders in the land is also called the title deed with “KAT İRTİFAKI” servitude. The building, which has the title deed with “KAT İRTİFAKI”, has an official identity as it has been registered by the Land Registry Office.

It is possible to see the door numbers in the building and the areas that belong to the property owners in the title deed document. In other words, in a property that has a “KAT İRTİFAKI (floor servitude)”, the area of ​​each right holder is definite and clear.

Although there is a building on the land, it still appears as land in the Land Registry.  If the flat you own has a title deed with “KAT İRTİFAKI (floor servitude)”, it means that how many rights you have on the “building” where your flat is located is approved in terms of land share and square meters. Since the building is not by the plan, the square meters of the flats, the floor, and flat numbers are not inspected, and your housing is incomplete.

The title deed with “KAT IRTIFAKI (floor servitude)” is obtained from the municipality for the buildings to be started or under construction. If there is no irregularity as a result of the controls made after the completion of the construction, an application is made for the “KAT MÜLKİYETİ” title deed. However, if a building with a “KAT IRTIFAKI” servitude is not built by the procedure, it is not possible to obtain an occupancy permit (ISKAN). If necessary arrangements are made, a new application can be made for resettlement.

 

The “KAT MÜLKİYETİ” is a term used in the literature to describe the private property right of the property owner, which is established on the areas that are suitable for use on their own such as floors, shops, warehouses, cellars, and associated with common places. Each part of the construction that is completed must be registered separately on the right holders as the “KAT MÜLKİYETİ” title deed. The “KAT MÜLKİYETİ” title deed proves that the property owner has the independent ownership right on the real estate.

In the “KAT MÜLKİYETİ”  title deed, all the features of the building are written. All information such as the area of ​​the building, its square meters, its quality, the number of the independent section, and the common areas are included in the “KAT MÜLKİYETİ” title deed.

The “KAT İRTİFAKI” servitude title deed of the buildings whose construction is completed by the legal regulations and which has the building “occupancy permit (İSKAN) is converted into a “KAT MÜLKİYETİ” title deed. It is the most suitable type of title deed for people who want to buy a property with a housing loan.

“HİSSELİ TAPU (Shared)” title deed is the official document in which the numbers and names of the shareholders who have a certain share in any property are written.

In the “HİSSELİ TAPU (Shared)” deed, the shares of the shareholders are not visible in the total area. In other words, it is not clearly understood which area belongs to whom in this deed document. Everyone has a certain share of the immovable in a common ratio. Shareholders make the divisions of residences by consent, that is, by the method of distribution among themselves.

The financial value of immovable properties with “HİSSELİ TAPU (Shared)” title deeds is lower than other properties. There may be some difficulties in the sale of the real estate that has this title. If the person who wants to own a property wants to buy a property with a mortgage loan, he cannot buy this property. Banks do not extend a loan to a property that has a “HİSSELİ TAPU (Shared)” title deed.

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